Judge: Curtis A. Kin, Case: 24STLC08614, Date: 2025-03-18 Tentative Ruling

Case Number: 24STLC08614    Hearing Date: March 18, 2025    Dept: 86

APPLICATION FOR WRIT OF POSSESSION

Date:               3/19/25 (1:30 PM) 

Case:               Santander Consumer USA Inc. v. Araik E. Zanazanyan, et al. (24STLC08614) 

TENTATIVE RULING:

Plaintiff Santander Consumer USA Inc.’s Application for Writ of Possession is DENIED.

CCP § 512.030 requires that the following “shall be served” prior to the hearing on an application for a writ of attachment: (1) a copy of the Summons and Complaint; (2) the Notice of Application and Hearing; and (3) a copy of the Application and any affidavit in support.  There is no proof of service of any of the foregoing upon defendant Araik E. Zanazanyan against whom a writ of possession is sought.

In addition, plaintiff does not demonstrate that its claim for possession of the subject 2020 Toyota Rav4 has probable validity, as is required by CCP § 512.060.  Although Plaintiff provides the Contract between Keyes Lexus and defendant for the purchase of the Vehicle, and such contract allows for repossession of the vehicle in the event of a default (Vargas Decl. ¶ 4 & Ex. A at 3), plaintiffs does not provide any supporting evidence (e.g., an Assignment agreement) for its claim that the Contract was assigned to Plaintiff.

Accordingly, the Application for Writ of Possession is DENIED.